Probate litigation is the process of challenging a provision of the Last Will and Testament, a codicil to the Last Will and Testament, the appointment of the personal representative, or the entire contents of the Last Will and Testament. The facts of each dispute will define the exact cause of action (e.g., lack of mental capacity, undue influence, duress, intentional interference with an expectancy, and/or improper signing of the will) that needs to be prosecuted or defended. The attorney representing the recipient of a Notice of Administration telling him/her that an objection to the probate proceedings must be commenced within a certain period of time or be forever barred is typically the one who initiates the probate litigation.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified probate lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local probate attorney to discuss your specific legal situation.